Terms & Conditions
All quotations are strictly nett and exclusive of VAT, which will be applied at the applicable rate at the time of despatch. Orders accepted and goods supplied are subject to the following conditions. Any variation of these terms and conditions should be expressly agreed in writing by a Director of Smaks Ltd.
Smaks Ltd reserve the right to vary any price as occasion demands and goods are supplied at the price prevailing at the time of despatch.
Every endeavour is made to ensure prompt delivery, but lateness of delivery shall not entitle the customer to cancel the contract. No claims for consequential damage or cost of repairs, which are executed without the consent of Smaks Ltd, will be accepted. Contents must be examined by the customer on arrival and checked against Advice Notes. Smaks Ltd must be verbally notified of any damage or shortage within 3 days of receipt of goods and confirmed in writing within 7 days. Goods damaged in transit are subject to the regulation in force by the carrying company.
Goods returned by customers (other than those which are defective) will be credited at the price charged less a minimum charge of 15% for inspection handling and expenses. Prior agreement should be obtained from Smaks Ltd before goods are returned for credit. Goods being returned must be sent to Smaks Ltd with written notification stating the invoice number on which the goods were originally charged to the customer. Failure to provide this information will delay the issue of credit notes.
All materials and workmanship are guaranteed for a period of 12 months, to be free from defect and any that prove to be defective will be replaced. The extent of the liability is limited to the satisfactory replacement of defective products and no claim will be met for labour or consequential damage. This guarantee shall not apply to any to any product or part altered in any way or any defect or failure caused as a result of the method or conditions of their use.
Goods described in the Smaks Ltd website or elsewhere are subject to a continuing process of technical change and development, and it is therefore understood by the customer that goods supplied may not comply in all respects with the technical specifications described in the catalogue or elsewhere.
The property of the goods shall not pass to the customer and the full and beneficial ownership ownership of the goods of the goods shall remain with Smaks Ltd unless and until Smaks Ltd has received payment in full.
Not withstanding the provision of clause 8, the customer shall insure the goods to their full value against fire and theft. In the event of a claim, the customer will pay Smaks Ltd immediately on receipt of the proceeds of the claim, such proportion as related to the goods. The customer's right to the possession of the goods shall cease if the customer becomes insolvent, or, being a Company becomes insolvent or liable to the appointment of a receiver. Smaks Ltd may for the purpose of recovering its goods enter any premises where they are stored or where they are reasonable thought to be stored and may repossess the same.
All expenses, including solicitors costs or fees incurred by Smaks Ltd, incidental to the recovery of debts outside Smaks Ltd payment terms will be payable by the debtor.
The Terms and Conditions shall be governed and construed in accordance with the laws of England.
The English courts shall have exclusive jurisdiction in relation to any claim, dispute or difference which may arise under these Terms and Conditions.
Free Carriage is for UK mainland only for orders of £50 excluding VAT.
Delivery charges: 24 hour delivery - minimum £5.00 per parcel. Transit Goods are delivered by a carrier, over whom Smaks Ltd has no control and therefore shall not be held liable for the consequences of any delay. Items which weigh an excessive amount may be subject to additional charges for carriage. All items delivered outside the UK will incur a delivery charge which will be added and agreed on the Web Site by the customer.